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The Theory and Practice of Constitutional Change in America

1993 History
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Release : 1993
Genre : History
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Book Synopsis The Theory and Practice of Constitutional Change in America by : John R. Vile

Download or read book The Theory and Practice of Constitutional Change in America written by John R. Vile. This book was released on 1993. Available in PDF, EPUB and Kindle. Book excerpt: The only volume of its kind, this book provides diverse readings relevant to the topic of constitutional amendment and change. Beginning with sources that were part of the cultural heritage of America's Founding Fathers, the book proceeds to trace debates over the desirability and frequency of constitutional change and the adequacy of the constitutional amending process from the Revolutionary War period to the present. Included are debates over general principles, texts and discussions of individual amendments, and relevant judicial decisions. Where possible, readings are paired to show rival views; each selection is prefaced by an explanation of the reading's context and significance.

Responding to Imperfection

1995-01-24 Law
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Release : 1995-01-24
Genre : Law
Kind : eBook
Book Rating : 630/5 ( reviews)

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Book Synopsis Responding to Imperfection by : Sanford Levinson

Download or read book Responding to Imperfection written by Sanford Levinson. This book was released on 1995-01-24. Available in PDF, EPUB and Kindle. Book excerpt: An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.

Constitutional Change in the United States

1994-08-30 Political Science
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Release : 1994-08-30
Genre : Political Science
Kind : eBook
Book Rating : 184/5 ( reviews)

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Book Synopsis Constitutional Change in the United States by : John R. Vile

Download or read book Constitutional Change in the United States written by John R. Vile. This book was released on 1994-08-30. Available in PDF, EPUB and Kindle. Book excerpt: The processes of constitutional change in America are particularly difficult to understand because of the constant interaction between the constitutional document of 1787 and the wider set of understandings and practices surrounding that document. This work is the first to examine systematically the relationship between changes initiated by constitutional amendment and changes initiated by judicial interpretations or actions of the two elected branches of government. By examining and comparing all three mechanisms of constitutional revision, Vile offers a more complex and dynamic analysis of this important constitutional issue than can be found elsewhere in the literature.

Constitutional Amendments

2019 Law
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Release : 2019
Genre : Law
Kind : eBook
Book Rating : 480/5 ( reviews)

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Book Synopsis Constitutional Amendments by : Richard Albert

Download or read book Constitutional Amendments written by Richard Albert. This book was released on 2019. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

Dred Scott and the Problem of Constitutional Evil

2006-07-03 History
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Release : 2006-07-03
Genre : History
Kind : eBook
Book Rating : 071/5 ( reviews)

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Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber

Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber. This book was released on 2006-07-03. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

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